Pope v. Improved Order of Samaritans

Court of Appeals of Georgia

Pope v. Improved Order of Samaritans

6 S.E.2d 159, 61 Ga. App. 366, 1939 Ga. App. LEXIS 300

CourtCourt of Appeals of Georgia

DecidedNovember 28, 1939

Docket27530.

StatusPublished

This text of 6 S.E.2d 159 (Pope v. Improved Order of Samaritans) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Pope v. Improved Order of Samaritans, 6 S.E.2d 159, 61 Ga. App. 366, 1939 Ga. App. LEXIS 300 (Ga. Ct. App. 1939).

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Opinion

Broyles, O. J.

1. The amendment to the bill of exceptions is allowed, and the motion to dismiss the writ of error is denied.

2. “The punctual payment of insurance premiums, as and when due, is of the essence of the contract of insurance, and a failure to make such payment in strict compliance with the terms of the contract, in the absence of a waiver expressly made, or arising by reasonable implication, results in a forfeiture o*f the policy.” Plumer v. Continental Casualty Co., 12 Ga. App. 594 (77 S. E. 917); Illinois Life Ins. Co. v. McKay, 6 Ga. App. 285, 289 (64 S. E. 1131); Metropolitan Life Ins. Co. v. Smith, 48 Ga. App. 245 (172 S. E. 654).

3. In the instant case, the undisputed evidence showed a forfeiture of the policy of insurance sued on, because of the failure of the insured to pay the premiums when due, unless a waiver of such forfeiture was made by R. B. Harris, grand secretary of the Improved Order of Samaritans. On *367 the question of the existence of such a, -waiver the evidence -was in sharp conflict, and that question should have been submitted to the jury. It follows that the direction of the verdict for the defendant was error.

Decided November 28, 1939. Rehearing denied December 15, 1939. Jake B. Joel, for plaintiff. Green & Michael, for defendant.

Judgment reversed.

MacIntyre and Q-uerry, JJ., concur.

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Broyles, O. J.

1. The amendment to the bill of exceptions is allowed, and the motion to dismiss the writ of error is denied.

2. “The punctual payment of insurance premiums, as and when due, is of the essence of the contract of insurance, and a failure to make such payment in strict compliance with the terms of the contract, in the absence of a waiver expressly made, or arising by reasonable implication, results in a forfeiture o*f the policy.” Plumer v. Continental Casualty Co., 12 Ga. App. 594 (77 S. E. 917); Illinois Life Ins. Co. v. McKay, 6 Ga. App. 285, 289 (64 S. E. 1131); Metropolitan Life Ins. Co. v. Smith, 48 Ga. App. 245 (172 S. E. 654).

3. In the instant case, the undisputed evidence showed a forfeiture of the policy of insurance sued on, because of the failure of the insured to pay the premiums when due, unless a waiver of such forfeiture was made by R. B. Harris, grand secretary of the Improved Order of Samaritans. On *367 the question of the existence of such a, -waiver the evidence -was in sharp conflict, and that question should have been submitted to the jury. It follows that the direction of the verdict for the defendant was error.

Decided November 28, 1939. Rehearing denied December 15, 1939. Jake B. Joel, for plaintiff. Green & Michael, for defendant.

Judgment reversed.

MacIntyre and Q-uerry, JJ., concur.

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6 S.E.2d 159, 61 Ga. App. 366, 1939 Ga. App. LEXIS 300, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pope-v-improved-order-of-samaritans-gactapp-1939.

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